§ 21-2-11 - Emergency powers. - Rhode Island Statutes

SECTION 21-2-11

   § 21-2-11  Emergency powers. – (a) In the event of any serious disaster, such as conflagration, enemy attack,earthquake, flood, hurricane, tornado, drought, or other emergency, which shallresult in an unusual nonseasonal shortage in the milk supply in the state ofRhode Island, the director shall have power, upon issuance of an order by himor her specifying the nature and extent of the emergency and without notice:(1) to suspend part or all of the regulations made under authority of thischapter; (2) to promulgate other or additional emergency regulations; and (3)to suspend part or all of the requirements of this chapter pertaining toinspection and the obtaining of permits by milk plants located outside thestate of Rhode Island from which milk is derived for sale in the state of RhodeIsland and pertaining to inspection of their milk producers and haulers.

   (b) In the case of any special emergency, the director mayissue emergency permits for the importation of milk into the state of RhodeIsland which has not been inspected at the source in accordance with thisstatute and the regulations pursuant to this chapter; provided, that thedirector shall be satisfied that any source of milk admitted by emergencypermit shall not constitute a threat to the health of the people of RhodeIsland, and provided that environmental conditions surrounding the production,transportation, and processing of the imported milk shall reasonably have beensubject to inspection at its source under authority of law other than that ofthe state of Rhode Island.

   (c) The suspension and emergency regulations shall be for theduration of the emergency or forty (40) days, whichever period shall be shorter.

   (d) The director is empowered in the event of anycontamination or threat of contamination of the milk supply alone to promulgateadditional emergency regulations pertaining to the treatment and conditions ofproduction, distribution, and sale of milk, the regulations to go into effectimmediately without a hearing. The emergency regulations shall be in effectforty (40) days or the duration of the emergency, whichever period shall beshorter. The director shall promulgate the emergency regulations by filing acopy of the regulations in the secretary of state's office and having copiesavailable for public inspection. As soon as practicable, the director shallgive notice of the promulgation of the emergency regulations.